Print Friendly SENATE BILL NO. 1047 – Charter school, dissolution/assets
SENATE BILL NO. 1047
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CHARTER SCHOOLS - Amends existing law relating to dissolution of a charter
school to provide for disposition of assets upon dissolution.
01/21 Senate intro - 1st rdg - to printing
01/24 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1047
1 AN ACT
2 RELATING TO DISSOLUTION OF A CHARTER SCHOOL; AMENDING SECTION 33-5209, IDAHO
3 CODE, TO PROVIDE FOR DISPOSITION OF ASSETS UPON DISSOLUTION OF A CHARTER
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-5209, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-5209. ENFORCEMENT -- REVOCATION -- APPEAL. (1) An authorized charter-
9 ing entity shall ensure that all public charter schools for which it autho-
10 rized charters, or for which it has responsibility, operate in accordance with
11 the charter granted. A public charter school or the authorized chartering
12 entity may enter into negotiations to revise its charter at any time. A public
13 charter school may petition to revise its charter at any time. The authorized
14 chartering entity's review of the revised petition shall be limited in scope
15 solely to the proposed revisions.
16 (2) If the authorized chartering entity has reason to believe that the
17 public charter school has done any of the following, it shall provide the pub-
18 lic charter school written notice of the defect and provide a reasonable
19 opportunity to cure the defect:
20 (a) Committed a material violation of any condition, standard or proce-
21 dure set forth in the approved charter;
22 (b) Failed to substantially meet any of the student educational standards
23 identified in the approved charter;
24 (c) Failed to meet generally accepted accounting standards of fiscal man-
26 (d) Failed to submit required reports to the authorized chartering entity
27 governing the charter; or
28 (e) Violated any provision of law.
29 (3) A charter may be revoked by the authorized chartering entity if the
30 public charter school has failed to cure a defect after receiving reasonable
31 notice and having had a reasonable opportunity to cure the defect. Revocation
32 may not occur until the public charter school has been afforded a public hear-
33 ing and a reasonable opportunity to cure the defect, unless the authorized
34 chartering entity reasonably determines that the continued operation of the
35 public charter school presents an imminent public safety issue, in which case
36 the charter may be revoked immediately. Public hearings shall be conducted by
37 the governing authorized chartering entity, or such other person or persons
38 appointed by the authorized chartering entity to conduct public hearings and
39 receive evidence as a contested case in accordance with section 67-5242, Idaho
40 Code. Reasonable notice and opportunity to reply shall include, at a minimum,
41 written notice setting out the basis for consideration of revocation, a period
42 of not less than thirty (30) days within which the public charter school can
43 reply in writing, and a public hearing within thirty (30) days of the receipt
1 of the written reply.
2 (4) A decision to revoke or not to approve a revision of a charter may be
3 appealed directly to the state board of education. With respect to such
4 appeal, the state board of education shall follow the procedure as provided in
5 section 33-5207(5)(b), Idaho Code. In the event the state board of education
6 reverses a decision of revocation, the public charter school subject to such
7 action shall then be placed under the chartering authority of the commission.
8 (5) Upon dissolution of a charter school, net assets shall be deemed the
9 property of the state.
STATEMENT OF PURPOSE
Amends Section 33-5209, Idaho Code, that upon dissolution of a
charter school, the net assets become property of the state.
Name: Senator Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE S 1047